Nazaroff

By her petition for writ of mandate, petitioner, the mother of a three-year-old infant who died from the effects of near drowning in a swimming pool owned and controlled by real parties in interest, seeks to set aside an order of the trial court that granted the pool owners’ motion for partial summary judgment on a cause of action in which she sought recovery for her physical injuries resulting from her emotional distress at witnessing her son being pulled from the swimming pool, and in participating in unavailing attempts to fully revive him. On review it is determined that triable issues of fact exist as to whether plaintiff is entitled to recover damages for physical injuries resulting from shock and emotional distress. The petition must be granted, and a peremptory writ of mandate will issue as prayed.

Since the mother’s cause of action for wrongful death persists, there is no final judgment from which an appeal will lie. (See Vasquez v. Superior Court (1971) 4 Cal.3d 800, 806 [ 94 Cal.Rptr. 796 , 484 P.2d 964 , 53 A.L.R.3d 513 ]; Field Research Corp. v. Superior Court (1969) 71 Cal.2d 110, 111 [ 77 Cal.Rptr. 243 , 453 P.2d 747 ]; and Mather v. Mather (1936) 5 Cal.2d…